Bracewell principal Kyle Spencer told Automotive Fleet that President Donald Trump’s executive order to rescind California’s emissions waivers diverges from past presidential approaches in that it actively seeks to revoke already-issued waivers.
New EPA Administrator Lee Zeldin has already initiated steps to involve Congress to use the Congressional Review Act, which would subject the California waivers to congressional oversight. “By submitting the waiver as a rule under CRA, Congress could overturn it with a simple majority,” Spencer said.
Spencer added that the Government Accountability Office may also play a key role in determining whether the waiver qualifies as a “rule” under CRA.
“If the GAO rules in favor, it would open the door for Congress to intervene and potentially block the waiver, further complicating California’s ability to implement stricter vehicle emissions standards,” Spencer said. “This dual-track approach leverages legislative and administrative tools to forestall or eliminate California’s emissions policies, though it is expected to face significant legal and political hurdles.”
